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From Niclas Hedhman <nic...@hedhman.org>
Subject Re: IBM and Apache
Date Tue, 19 Jul 2005 14:00:39 GMT
On Tuesday 19 July 2005 20:45, Jeffrey Thompson wrote:
> But in the end of the day, regardless of the internal thought processes of
> the patent holder, if it insists on signed licenses, is that a sufficient
> reason for Apache to terminate a project?  

AFAICT, currently the general directive from the Board would mean terminate. 
Whether the Board is open to exceptions is something I don't want to 
speculate around.

Essentially, it is not so much that it is difficult to go to a site and click, 
download, print, sign, fax ... whatever, BUT;

  1. For many, that means sending those paper to legal department for 
evaluation, as the "blanket approval" from legal on Apache codebases no 
longer applies. 

  2. Multiply potentially with a dozen or more different variants.

  3. Future pressure from other Contributors to make similar variants, for 
Copyrights or Patent issues, on RF terms, borderline cases, and so forth.


I think that could quickly become a burden, not only for the users but for ASF 
as well. Personally, I think ASF should stick to its principles and rather 
choose not to implement/accept, than compromise.

> > Note that this is also in violation of OSD #7. 
> > 7. Distribution of License 
> > The rights attached to the program must apply to all to whom the 
> > program is redistributed without the need for execution of an 
> > additional license by those parties. 
 
> OSD only applies to software licenses, not to these types of 
> patent commitments.  Think orthogonal (in the right angle sense). 

No. It applies to Open Source Software! An Apache project publishes software 
and to be called OpenSource by the OSD, it must comply by those criteria. 
Some of OSD clauses speak of "the license" other speak of "the program", 
including OSD #7.

<quote>
The rights attached to the program must apply to all to whom the program is 
redistributed without the need for execution of an additional license by 
those parties.
</quote>

And the "additional license" text does not include or exclude what type of 
license that may be.



Cheers
Niclas

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